Case Problem:
Students interested in examining the relationship between the president and Congress, especially during wartime, are encouraged to read both Justice Stevens’ opinion and Justice Kennedy’s concurrence in Hamdan v. Rumsfeld. In this case, the Court struck down President Bush’s establishment, without the approval of Congress, of military tribunals to try military detainees held at Guantanamo during the war on terror. What is your opinion of the Hamdan decision? Do you think that the president should have sought authorization from Congress before creating these military commissions? Research the Military Commissions Act of 2006. What constitutional objections to the law could be raised by civil libertarians? Why might exceptional powers be needed by the executive branch and the military during time of war?
Your answer must be typed, double-spaced, Times New Roman font (size 12), one-inch margins on all sides, APA format and also include references.